104882 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 

not be connected to the monolithic 

frame by a single roofline, and shall 

comply with § 1304.204(p). 

* * * * * 

■ 5. Amend § 1304.103 by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (d); and 

■ c. Removing paragraph (e). 

The revisions read as follows: 

§ 1304.103 Health, safety, and 

environmental standards. 

(a) Wastewater. Floating cabins shall 

comply with § 1304.2(d) with regard to 

discharges into navigable waters of the 

United States. All discharges, sewage, 

and wastewater, and the pumping, 

collection, storage, transport, and 

treatment of sewage and wastewater 

shall be managed in accordance with all 

applicable federal, state, and local laws 

and regulations (satisfactory evidence of 

compliance to be provided to TVA upon 

request). Upon receipt of documentation 

that a floating cabin is in violation of 

any federal, state, or local discharge or 

water quality regulation by the 

respective regulatory agency or upon 

failure to provide satisfactory evidence 

of compliance at TVA’s request, TVA is 

authorized to revoke the permit and 

require removal of the floating cabin 

from the Tennessee River System if the 

violation is not corrected as specified by 

the regulatory agency in accordance 

with the agency’s requirements or if 

satisfactory evidence of compliance is 

not provided to TVA. 

* * * * * 

(d) Electrical. Floating cabins shall 

comply with all applicable federal, 

state, and local laws and regulations 

regarding electrical wiring and 

equipment (satisfactory evidence of 

compliance to be provided to TVA upon 

request). Upon receipt of documentation 

that a floating cabin is in violation of 

any federal, state, or local electrical 

standard or regulation by the respective 

regulatory agency or upon failure to 

provide satisfactory evidence of 

compliance at TVA’s request, TVA is 

authorized to revoke the permit and 

require removal of the floating cabin 

from the Tennessee River System if the 

violation is not corrected as specified by 

the regulatory agency in accordance 

with the agency’s requirements or if 

satisfactory evidence of compliance is 

not provided to TVA. Floating cabins 

shall comply with § 1304.209(c)(2). 

Michael McCall, 

Vice President, Environment and 

Sustainability. 

[FR Doc. 2024–30420 Filed 12–23–24; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1078] 

RIN 1625–AA87 

Security Zone; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving 

security zone for navigable waters 

within a 500-yard radius of certain 

vessels carrying cargo requiring an 

elevated level of security in the Corpus 

Christi Ship Channel. The temporary 

security zone is needed to protect the 

vessels, the cargo, and the surrounding 

waterway from terrorist acts, sabotage, 

or other subversive acts, accidents, or 

events of a similar nature. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Corpus Christi or a designated 

representative. 

DATES: For the purposes of enforcement, 

actual notice will be used from 

December 20, 2024, until December 26, 

2024. This rule is effective without 

actual notice from December 26, 2024 

until December 27, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1078 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Tim Cardenas, 

Sector Corpus Christi Waterways 

Management Division, U.S. Coast 

Guard; telephone 361–939–5130, 

emailTimothy.J.Cardenas@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port, Sector Corpus 

Christi 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule under the authority in 5 

U.S.C. 553(b)(B). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. The Coast Guard was 

notified of these vessels’ transit and 

cargo on December 12, 2024. There is 

insufficient time to publish an NPRM 

before this operation because the 

security zone must be established by 

December 20, 2024, to ensure security of 

the vessels and the surrounding area 

and there is insufficient time to provide 

a reasonable comment period and to 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard also finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because quick action is needed 

to provide for the security of this vessel 

and its surroundings while it is in 

transit. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this 

security zone regulation under the 

authority in 46 U.S.C. 70051 and 70124. 

The Captain of the Port, Sector Corpus 

Christi (COTP) has determined that 

potential hazards are associated with 

the transit of the Motor Vessel (M/V) 

ARC INDEPENDENCE. There is a 

security concern within a 500-yard 

radius of the vessel when it’s loaded 

and transiting while loaded. This rule is 

needed to provide for the safety and 

security of the vessel, its cargo, and the 

surrounding waterway from terrorist 

acts, sabotage, or other subversive acts, 

accidents, or other events of a similar 

nature while the vessel is transiting 

within Corpus Christi, TX. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 500- 

yard radius, temporary, moving security 

zone around M/V ARC 

INDEPENDENCE. Other mariners and 

vessels will be able to identify the 

security zone because the M/V ARC 

INDEPENDENCE’s name is clearly 

marked on its stern, and port and 

starboard sides. The zone for the vessel 

will be effective from December 20, 

2024, through December 27, 2024, and 

will be enforced when the vessel is 

loaded and transiting the Corpus Christi 

Ship Channel. The security zone will be 


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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 104883 

enforced to protect the vessel, its cargo, 

and the surrounding waterways from 

terrorist acts, sabotage, or other 

subversive acts, accidents, or other 

events of a similar nature while the 

vessel is traveling within the Corpus 

Christi Ship Channel. 

No vessel or person will be permitted 

to enter the security zone without 

obtaining permission from the COTP or 

a designated representative. As used in 

this section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port, USCG Sector Corpus Christi 

(COTP) in the enforcement of the 

security zone. Persons or vessels 

desiring to enter or pass through each 

zone must request permission from the 

COTP or a designated representative on 

VHF–FM channel 16 or by telephone at 

361–939–0450. If permission is granted, 

all persons and vessels must comply 

with the instructions of the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public through Broadcast Notices to 

Mariners and Marine Safety Information 

Bulletins (MSIBs) as appropriate for the 

enforcement times and dates for the 

security zone. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866, as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, this 

rule is not subject to review by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, duration, and 

location of the security zone. This rule 

will impact a small, designated area of 

500-yards around the moving vessel in 

the Corpus Christi Ship Channel as the 

vessel transits the channel over a period 

of approximately four hours or less. 

Most vessels will be able to move 

around the security zone and therefore 

the impediment to the movement of 

other vessels will be minimal. 

Moreover, the rule allows other vessels 

to seek permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary security zone may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Environmental 

Planning COMDTINST 5090.1 (series), 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f) and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

moving security zone lasting for the 

duration of time that the M/V ARC 

INDEPENDENCE is within the Corpus 

Christi Ship Channel while loaded with 

cargo. It will prohibit entry within a 

500-yard radius of the M/V ARC 

INDEPENDENCE while the vessel is 


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104884 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations 

transiting loaded within Corpus Christi 

Ship Channel. It is categorically 

excluded from further review under 

L60(a) in Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–1078 to read as 

follows: 

§ 165.T08–1078 Security Zones; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following area is a 

moving security zone: All navigable 

waters encompassing a 500-yard radius 

around the M/V ARC INDEPENDENCE 

while the vessel loaded with cargo and 

is in the Corpus Christi Ship Channel. 

(b) Enforcement period. This section 

will be enforced during the times the 

ship is loaded and underway. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

A designated representative is a Coast 

Guard Patrol Commander, including a 

Coast Guard coxswain, petty officer, or 

other officer operating a Coast Guard 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port, USCG Sector Corpus 

Christi (COTP) in the enforcement of the 

security zone. 

(2) Persons or vessels desiring to enter 

or pass through the zone must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels must comply with 

all lawful orders and directions of the 

COTP or the COTP’s designated 

representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs) and Marine 

Safety Information Bulletins (MSIBs) of 

the enforcement times and dates for this 

security zone. 

Dated: December 17, 2024. 

T.H. Bertheau, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2024–30547 Filed 12–23–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0385; FRL–12224– 

02–R5] 

Determination of Attainment by the 

Attainment Date; Michigan; St. Clair 

2010 Sulfur Dioxide Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making a final 

determination that the St. Clair, MI 

sulfur dioxide (SO2) nonattainment area 

attained the 2010 SO2 national ambient 

air quality standard (NAAQS) by the 

date of September 12, 2021, addressing 

EPA’s obligation under the Clean Air 

Act (CAA) to determine whether the 

area attained the 2010 SO2 NAAQS 

attainment date. EPA proposed this 

action on September 26, 2024, and 

received no comments. 

DATES: This final rule is effective on 

January 27, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0385. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI), Proprietary Business 

Information (PBI), or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through https://

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Alexis 

Bender, at (312) 886–9497, 

bender.alexis@epa.gov before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Bender, Air and Radiation 

Division (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–9497, bender.alexis@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On September 26, 2024 (89 FR 78837), 

EPA proposed to determine that the St. 

Clair, MI SO2 nonattainment area 

attained the 2010 SO2 NAAQS by the 

attainment date of September 12, 2021. 

This determination is based on annual 

SO2 emissions data, modeled data, and 

certified ambient air quality data from 

EPA’s December 7, 2021, Clean Data 

Determination for St. Clair, based on 

2017 to 2019 data, as well as publicly 

available additional supporting 2020 

data. A detailed explanation of the CAA 

requirements and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking 

(NPRM) and will not be restated here. 

The public comment period for this 

proposed rule ended on October 28, 

2024. EPA received no comments on the 

proposal. 

II. Final Determination 

EPA is making a determination that 

the St. Clair nonattainment area attained 

the 2010 SO2 NAAQS by the relevant 

attainment date of September 12, 2021. 

The determination of attainment by the 

attainment date does not constitute a 

redesignation of the St. Clair, MI 

nonattainment area to attainment of the 

2010 SO2 NAAQS under section 

107(d)(3) of the CAA. The St. Clair area 

will remain designated nonattainment 

for the 2010 SO2 NAAQS until such 

time as EPA approves a redesignation 

request and accompanying 10-year 


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